Supreme Court to Quebec: No Constitution papers

The Supreme Court of Canada says it cannot find any documents related to explosive allegations that some of its members intervened in the repatriation of the Constitution.

The court launched what it calls a “thorough review” after the publication of a book that alleges its former justices interfered in the political process and engaged in backroom discussions. Historian and journalist Frederic Bastien wrote that Bora Laskin, then chief justice of the Supreme Court, provided information to the Canadian and British governments on the discussions between the justices about the legality of repatriation.

Bastien further claims another high court judge, Willard Estey, also secretly advised the British government in 1980 that the Supreme Court would address the issue. Bastien suggests that both jurists violated the principle of separation of executive and judicial powers. Bastien’s information was gathered during eight years of digging through documents, including British Foreign Office archives.

All provinces except Quebec, which was then led by sovereigntist premier Rene Levesque, endorsed the Constitution in 1982. Two attempts to bring Quebec on board since have both failed.